Land-Law Reforms in Vietnam and Myanmar: “Legal Transplant” Viewed from Asian Recipients

2021 ◽  
Vol 8 (2) ◽  
pp. 402-428
Author(s):  
Yuka Kaneko
Keyword(s):  
Land Use ◽  
Social Norm ◽  
Local Population ◽  
Land Law ◽  
Legal Transplant ◽  
Post Colonial ◽  
The Social ◽  
Legal Concepts ◽  
Land Exploitation ◽  
Law Making

AbstractThis paper focuses on the conflict of norms in the interface between the “transplanted” formal law and the local social norms in the land-law reforms in Vietnam and Myanmar, each representing different legal families, while sharing commonness in that both have attempted law-making in the post-colonial independence period in order to restore the basis of the livelihoods of the local population. Both of the legal concepts of “land-use right” (quyen su dung dat) in Vietnam and “land-use right for cultivation” (loat paing kwint) in Myanmar have been the product of law-makers’ restorative attempts at farmland security, while intentionally avoiding usage of the term “ownership” that would result in the capitalist transaction of land as a commodity. However, the contemporary land-law reforms led by donor-oriented “legal transplant” in these countries have resulted in the plunder of such policy, by reintroducing the same mechanisms of land exploitation as existed in the colonial days. Roaring protests of the local agricultural population seem to be a rising-up of the social norm descended from the immemorial past as an unwritten Constitution to bring an end to the centuries-long movement of “legal transplant” of the modern capitalist law.

Jumbos and Jumping Devils

2020 ◽  
Author(s):  
Nisha P R
Keyword(s):  
Popular Culture ◽  
Cultural Studies ◽  
South Asia ◽  
Social History ◽  
Post Colonial ◽  
The Social ◽  
Wide Range ◽  
History Of

Jumbos and Jumping Devils is an original and pioneering exploration of not only the social history of the subcontinent but also of performance and popular culture. The domain of analysis is entirely novel and opens up a bolder approach of laying a new field of historical enquiry of South Asia. Trawling through an extraordinary set of sources such as colonial and post-colonial records, newspaper reports, unpublished autobiographies, private papers, photographs, and oral interviews, the author brings out a fascinating account of the transnational landscape of physical cultures, human and animal performers, and the circus industry. This book should be of interest to a wide range of readers from history, sociology, anthropology, and cultural studies to analysts of history of performance and sports in the subcontinent.

Can Humanism be the Social Norm?

2020 ◽  
Author(s):  
Sharon D. Welch
Keyword(s):  
Social Norms ◽  
Social Norm ◽  
Human Cognition ◽  
Human Reasoning ◽  
Individual Freedom ◽  
Social Divisions ◽  
The Social

Assaults on truth and divisions about the nature of wise governance are not momentary political challenges, unique to particular moments in history. Rather, they demonstrate fundamental weaknesses in human reasoning and core dangers in ways of construing both individual freedom and cohesive communities. It will remain an ongoing challenge to learn to deal rationally with what is an intrinsic irrationality in human cognition and with what is an intrinsic tendency toward domination and violence in human collectivities. In times of intense social divisions, it is vital to consider the ways in which humanism might function as the social norm by, paradoxically, functioning in a way different from other social norms. Humanism is not the declaration that a certain set of values or norms are universally valid. At its best and most creative, humanism is not limited to a particular set of norms, but is, rather, the commitment to a certain process in which norms are continuously created, critically evaluated, implemented, sustained or revised. Humanism is a process of connection, perception, implementation, and critique, and it applies this process as much to itself as to other traditions.

scholarly journals Changing Land Use and Population Density Are Degrading Water Quality in the Lower Mekong Basin

Water ◽  
2021 ◽  
Vol 13 (14) ◽  
pp. 1948
Author(s):  
Flavia Tromboni ◽  
Thomas E. Dilts ◽  
Sarah E. Null ◽  
Sapana Lohani ◽  
Peng Bun Ngor ◽  
...  
Keyword(s):  
Water Quality ◽  
Land Use ◽  
Population Density ◽  
Local Population ◽  
Reference Conditions ◽  
Mekong River ◽  
Land Use Impacts ◽  
Wet Season ◽  
Mekong Basin ◽  
Lower Mekong Basin

Establishing reference conditions in rivers is important to understand environmental change and protect ecosystem integrity. Ranked third globally for fish biodiversity, the Mekong River has the world’s largest inland fishery providing livelihoods, food security, and protein to the local population. It is therefore of paramount importance to maintain the water quality and biotic integrity of this ecosystem. We analyzed land use impacts on water quality constituents (TSS, TN, TP, DO, NO3−, NH4+, PO43−) in the Lower Mekong Basin. We then used a best-model regression approach with anthropogenic land-use as independent variables and water quality parameters as the dependent variables, to define reference conditions in the absence of human activities (corresponding to the intercept value). From 2000–2017, the population and the percentage of crop, rice, and plantation land cover increased, while there was a decrease in upland forest and flooded forest. Agriculture, urbanization, and population density were associated with decreasing water quality health in the Lower Mekong Basin. In several sites, Thailand and Laos had higher TN, NO3−, and NH4+ concentrations compared to reference conditions, while Cambodia had higher TP values than reference conditions, showing water quality degradation. TSS was higher than reference conditions in the dry season in Cambodia, but was lower than reference values in the wet season in Thailand and Laos. This study shows how deforestation from agriculture conversion and increasing urbanization pressure causes water quality decline in the Lower Mekong Basin, and provides a first characterization of reference water quality conditions for the Lower Mekong River and its tributaries.

The social brain paradigm and social norm puzzles

2013 ◽  
Vol 26 (3) ◽  
pp. 384-404
Author(s):  
Marcus Holmes ◽  
Costas Panagopoulos
Keyword(s):  
Social Norm ◽  
Social Brain ◽  
The Social

scholarly journals Hedgerows and Enclosures in Rural Areas: Traditional vs. Modern Land Use in Mediterranean Mountains

Land ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 57
Author(s):  
Fernando Allende Álvarez ◽  
Gillian Gómez-Mediavilla ◽  
Nieves López-Estébanez ◽  
Pedro Molina Holgado ◽  
Judith Ares Barajas
Keyword(s):  
Land Use ◽  
Rural Areas ◽  
Land Use Changes ◽  
Economic Benefits ◽  
Main Role ◽  
Land Uses ◽  
Social Ecological ◽  
The Social ◽  
Mediterranean Mountains ◽  
Agroforestry Practices

The present paper highlights the importance of hedgerows and enclosures in the mountains of Central Spain. Now, these landscapes have suffered profound variations in terms of agroforestry practices, especially in the Mediterranean mountains where the characteristic multifunctional has largely been lost. The article analyzes land uses changes, dynamics, and their morphological features between the first half of the 20th Century (1956) and the second decade of the present time (2019). The paper was divided into three sections. First, the identification of land uses using orthophotograph and aerial photograph; after that the info was checked with fieldwork. Eleven categories were identified according to the dominant use and land use changes and size of land parcels were taken into consideration. Second, the configuration and the information collected through the type and intensity of change in land uses made it possible to recognise and quantify their distribution and trend between these two dates. Also, the kernel density algorithm available in the Arcgis 10.5 software was used to obtain density and changes in land parcels. Finally, an overview is given of the main role that this agroforestry plays due to the social, ecological, and economic benefits that they provide for allowing sustainable development.

Propagana competition between “Prosvita” and The A. Dukhnovych Society for the Rusinian audience of Subcarpathian Rus during the interwar period

Rusin ◽  
2021 ◽  
pp. 176-200
Author(s):  
O.M. Kutska ◽  
Keyword(s):  
Interwar Period ◽  
Information Needs ◽  
Local Population ◽  
Political Life ◽  
Oral Transmission ◽  
Radio Broadcasting ◽  
The Social ◽  
Limited Application ◽  
Visual Materials ◽  
Personal Understanding

This article analyzes the informational activity of two societies – “Prosvita” (Eng. Enlightenment) and The A. Dukhnovych Society among Rusinian population of Subcarpathian Rus using modern approaches to the propaganda analysis, which implies answering the questions of who, whom on, what methods and forms are used. In particular, it has been found out that both societies had similar structures, with their members being representatives of intelligentsia with Ukrainophile and Russophile views respectively. They were also joined by the representatives of emigration and local population. The Rusinian audience had a relatively low educational level, and many residents of Subcarpathian Rus could not make up their minds whether they were of Rusinian ethnicity and what religion they practiced. The main forms of informing were printed press, oral transmission and radio broadcasting. Most often, the societies used polygraphic means of propaganda, since they were the easiest to produce. Oral transmission also proved quite productive, since it did not require significant expenditures. Radio was of limited application due to lack of receiving equipment. The author’s perspective of the propaganda methods has been formed through the analysis of individual episodes, informational and visual materials about the social and political life of Carpathian Rus and the activities of “Prosvita” and The A. Dukhnovich Society. Among the most popular methods were persuasion, suggestion, manipulation, and disinformation. However, it is possible to speak about their application only conditionally, since there was no propaganda technique in its modern understanding. The representatives of the societies under analsysis acted out of their personal understanding of campaigning methods and responding to the information needs of the Rusin community.

Causation in Legal and Moral Reasoning

2017 ◽  
Author(s):  
David A. Lagnado ◽  
Tobias Gerstenberg
Keyword(s):  
Moral Reasoning ◽  
Causal Reasoning ◽  
Causal Model ◽  
Physical World ◽  
Causal Models ◽  
Responsibility Attribution ◽  
Model Framework ◽  
The Social ◽  
Legal Concepts ◽  
Legal Judgments

Causation looms large in legal and moral reasoning. People construct causal models of the social and physical world to understand what has happened, how and why, and to allocate responsibility and blame. This chapter explores people’s common-sense notion of causation, and shows how it underpins moral and legal judgments. As a guiding framework it uses the causal model framework (Pearl, 2000) rooted in structural models and counterfactuals, and shows how it can resolve many of the problems that beset standard but-for analyses. It argues that legal concepts of causation are closely related to everyday causal reasoning, and both are tailored to the practical concerns of responsibility attribution. Causal models are also critical when people evaluate evidence, both in terms of the stories they tell to make sense of evidence, and the methods they use to assess its credibility and reliability.

Unraveling the Mystery of Brazilian Jeitinho

2011 ◽  
Vol 38 (3) ◽  
pp. 331-344 ◽  
Author(s):  
Maria Cristina Ferreira ◽  
Ronald Fischer ◽  
Juliana Barreiros Porto ◽  
Ronaldo Pilati ◽  
Taciano L. Milfont
Keyword(s):  
Social Norm ◽  
Three Dimensional ◽  
Social Dominance Orientation ◽  
Dimensional Structure ◽  
Social Psychological ◽  
Indigenous Psychology ◽  
The Social ◽  
Problem Solving Strategies ◽  
Functional Components ◽  
Scenario Approach

Two studies explore the structure and psychological makeup of jeitinho, a Brazilian indigenous construct associated with problem-solving strategies in strong hierarchies. Study 1 used a scenario approach with nonstudent participants and demonstrated that jeitinho can be described by a three-dimensional structure: corruption, creativity, and social norm breaking. Study 2 used individual and social norm scenarios in nonstudent samples and demonstrated that moral leniency is associated with more corruption and social norm breaking. Furthermore, only in the personal but not the social norm condition was greater social dominance orientation associated with more corruption and social norm breaking. Jeitinho is not a monolitical construct, but it is a complex sociocultural strategy that has distinct functional components at the personal and normative levels. Theoretical advances in the understanding of social norms and indigenous psychology by examining both culture-specific and general social-psychological processes are outlined.

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